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Frequently asked questions > Marriage > De facto union > What particular laws confer rights to de facto spouses?

What particular laws confer rights to de facto spouses?

Although the Civil Code of Quebec does not recognize a status to de facto spouses, some particular laws adopted by the Canadian and Quebec governments recognize the latter and grant them some rights.

The following Quebec laws recognize the existence of de facto spouses and grant them the same rights as married or civil union spouses:

  • Act Respecting Industrial Accidents and Occupational Diseases;
  • Act Respecting Financial Assistance for Education Expenses;
  • Act Respecting Legal Aid and the Provision of Certain Other Legal Services;
  • Automobile Insurance Act;
  • Act Respecting Insurance;
  • Act Respecting Financial Services Cooperatives;
  • Act Respecting Trust Companies and savings Companies;
  • Act Respecting School Elections;
  • Act Respecting Duties on Transfers of Immovables;
  • Cooperatives Act;
  • Taxation Act;
  • Act Respecting the Québec Sales Tax;
  • Act Respecting Labour Standards;
  • Courts of Justice Act;
  • Act Respecting the Quebec Pension Plan;
  • Act Respecting the Government and Public Employees Retirement Plan;
  • Act Respecting the Civil Service Superannuation Plan;
  • Supplemental Pension Plans Act;
  • Act Respecting the Conditions of Employment and the Pension Plan of the Members of the National Assembly;
  • Act Respecting the Pension Plan of Certain Teachers;
  • Act Respecting the Pension Plan of Peace Officers in Correctional Services;
  • Act Respecting the Pension Plan of Elected Municipal Officers;
  • Act Respecting the Teachers Pension Plan;
  • Individual and Family Assistance Act.
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The following Canadian laws recognize the existence of de facto spouses and grant them the same rights as married or civil union spouses:

  • Canada Pension Plan;
  • Citizenship Act;
  • Employment Insurance Act;
  • Income Tax Act;
  • Old Age Security Act;
  • Pension Benefits Division Act;
  • Pension Fund Societies Act;
  • Public Service Employment Act;
  • Public Service Superannuation Act;
  • Special Retirement Arrangements Act;
  • Supplementary Retirement Benefits Act;
  • War Veterans Allowance Act.

It is important, in all the cases, to consult each of these laws in order to determine if they apply to your situation and what is the definition of de facto union adopted by each of these laws.

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